Sec. 26.20.09.03. Disturbed Areas

A. The area to be disturbed by open-pit mining in conjunction with the reclamation of an abandoned open-pit mine shall be limited to that area necessary to blend the abandoned mine with the surrounding adjacent topography. This area may not exceed the disturbed area of the abandoned mine, including the pit and spoil areas, plus:

(1) The area within a distance of 400 feet perpendicular to the abandoned mine highwall;

(2) The area within a distance of 200 feet lateral to the ends of the abandoned mine highwall; and

(3) The minimal area necessary to stockpile topsoil and overburden during mining activities and to gain access to the site as determined by the Bureau.

B. The area to be disturbed by open-pit mining in conjunction with the reclamation of an abandoned deep mine shall be limited to the surface area above the abandoned mine plus:

(1) The area within 200 feet of the perimeter of the abandoned deep mine;

(2) The minimal area required to gain access to the site;

(3) The minimal area required to blend gob piles and spoil materials into the surrounding undisturbed topography.

C. The area to be disturbed by open-pit mining in conjunction with public construction activities shall be limited to:

(1) The area which would be disturbed by the construction project in the absence of any open-pit mining; and

(2) Additional areas necessary to avoid or mitigate adverse environmental impacts and hazardous conditions caused by or affecting the construction project such as water pollution, subsidence, and landslides.